upon death

[scarlettjane]

What is the name of your state?What is the name of your state?arkansas
My problem is this...My husband and I have sold land to a person who just resently passed away.This person had daughter and the daughter's husband to co-sign on the mortgage. But the daughter and daughter's husband names are not on the deed. The daughter is over the estate. The land is not paid off.The person was making monthly payments to us. And now daughter had put everything in probate. This person had left everything to the daughter and daughter's hasband.The daughter had filed for a disclamer on the land to keep there names off the deed.
Can they stop the payment of the land since it is in probate which could last up to 6 months Or can we enforce the mortgage contract to which all three had signed? Can we enforced them to pay the late fees and penalties which is in the mortgage contract until land is paid off. If they default on payments?

Thank you for your time,
scarlettjane

[Some Random Guy]

Follow the written letter of the loan agreement and assess penalties and interest accordingly. Foreclose on the loan if payments are not received and the contract allows.

Probate does not mean "interest free loan".

[HomeGuru]

Originally Posted by scarlettjane

What is the name of your state?What is the name of your state?arkansas
My problem is this...My husband and I have sold land to a person who just resently passed away.This person had daughter and the daughter's husband to co-sign on the mortgage. But the daughter and daughter's husband names are not on the deed. The daughter is over the estate. The land is not paid off.The person was making monthly payments to us. And now daughter had put everything in probate. This person had left everything to the daughter and daughter's hasband.The daughter had filed for a disclamer on the land to keep there names off the deed.
Can they stop the payment of the land since it is in probate which could last up to 6 months Or can we enforce the mortgage contract to which all three had signed? Can we enforced them to pay the late fees and penalties which is in the mortgage contract until land is paid off. If they default on payments?

Thank you for your time,
scarlettjane

**A: the estate, the daughter and her husband are on the hook. Enforce the mortgage terms and conditions. Probate does not put a stay on you collecting on the mortgage payments, especially when 2 party mortgagors are still alive.